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Ruiz v. State

District Court of Appeal of Florida, Third District
Dec 29, 1981
407 So. 2d 1042 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1305.

December 29, 1981.

Appeal from the Circuit Court, Dade County, Ellen Morphonios Gable, J.

Bennett H. Brummer, Public Defender, and Alan R. Dakan, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and JORGENSON, JJ.


Defendant's conviction for attempted burglary of a dwelling is affirmed; however, the enhanced sentence imposed is reversed and vacated and the cause remanded to the trial court with directions to resentence the defendant.

Prior to sentencing a defendant as an habitual felon, the court must find that the extended sentence is necessary to protect the public from further criminal activity, and the basis for this finding must appear in the record. See Eutsey v. State, 383 So.2d 219 (Fla. 1980); Eichhorn v. State, 386 So.2d 604 (Fla.5th DCA 1980); Ruiz v. State, 384 So.2d 723 (Fla.3d DCA 1980); Adams v. State, 376 So.2d 47 (Fla.1st DCA 1979). Because the trial court did not specify the reasons why the habitual offender act, section 775.084, Florida Statutes (1979), was being invoked, we reverse the sentence and remand for resentencing in accordance with this opinion.


Summaries of

Ruiz v. State

District Court of Appeal of Florida, Third District
Dec 29, 1981
407 So. 2d 1042 (Fla. Dist. Ct. App. 1981)
Case details for

Ruiz v. State

Case Details

Full title:FELIX RUIZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 29, 1981

Citations

407 So. 2d 1042 (Fla. Dist. Ct. App. 1981)

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